Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 7070
       
       
       
       
       
       
                                Ì285794WÎ285794                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2015           .                                
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       The Committee on Judiciary (Bean) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 3191 and 3192
    4  insert:
    5         Section 29. Section 944.805, Florida Statutes, is created
    6  to read:
    7         944.805Nonviolent offender reentry program.—
    8         (1) As used in this section, the term:
    9         (a) “Department” means the Department of Corrections.
   10         (b) “Nonviolent offender” means an offender whose primary
   11  offense is a felony of the third degree, who is not the subject
   12  of a domestic violence injunction currently in force, and who
   13  has never been convicted of:
   14         1. A forcible felony as defined in s. 776.08, Florida
   15  Statutes;
   16         2. An offense specified in s. 775.082(9)(a)1.r., Florida
   17  Statutes, regardless of prior incarceration or release;
   18         3. An offense described in chapter 847, Florida Statutes;
   19         4. An offense under chapter 827, Florida Statutes;
   20         5. Any offense specified in s. 784.07, s. 784.074, s.
   21  784.075, s. 784.076, s. 784.08, s. 784.083, or s. 784.085,
   22  Florida Statutes;
   23         6. Any offense involving the possession or use of a
   24  firearm;
   25         7. A capital felony or a felony of the first or second
   26  degree;
   27         8. Any offense that requires a person to register as a
   28  sexual offender pursuant to s. 943.0435, Florida Statutes.
   29         (2)(a) The department shall develop and administer a
   30  reentry program for nonviolent offenders. The reentry program
   31  must include prison-based substance abuse treatment, general
   32  education development and adult basic education courses,
   33  vocational training, training in decisionmaking and personal
   34  development, and other rehabilitation programs.
   35         (b) The reentry program is intended to divert nonviolent
   36  offenders from long periods of incarceration when a reduced
   37  period of incarceration supplemented by participation in
   38  intensive substance abuse treatment and rehabilitative
   39  programming could produce the same deterrent effect, protect the
   40  public, rehabilitate the offender, and reduce recidivism.
   41         (c) The nonviolent offender must serve at least 6 months in
   42  the reentry program. The offender may not count any portion of
   43  his or her sentence served before placement in the reentry
   44  program as progress toward program completion.
   45         (d) A reentry program may be operated in a secure area in
   46  or adjacent to a correctional institution.
   47         (3) The department shall screen offenders committed to the
   48  department for eligibility to participate in the reentry program
   49  using the criteria in this section. To be eligible, an offender
   50  must be a nonviolent offender, must have served at least one
   51  half of his or her original sentence, and must have been
   52  identified as needing substance abuse treatment.
   53         (4) In addition, the department must consider the following
   54  factors when selecting participants for the reentry program:
   55         (a) The offender’s history of disciplinary reports.
   56         (b) The offender’s criminal history.
   57         (c) The severity of the offender’s addiction.
   58         (d) The offender’s history of criminal behavior related to
   59  substance abuse.
   60         (e) Whether the offender has participated or requested to
   61  participate in any general educational development certificate
   62  program or other educational, technical, work, vocational, or
   63  self-rehabilitation program.
   64         (f) The results of any risk assessment of the offender.
   65         (g) The outcome of all past participation of the offender
   66  in substance abuse treatment programs.
   67         (h) The possible rehabilitative benefits that substance
   68  abuse treatment, educational programming, vocational training,
   69  and other rehabilitative programming might have on the offender.
   70         (i) The likelihood that the offender’s participation in the
   71  program will produce the same deterrent effect, protect the
   72  public, save taxpayer dollars, and prevent or delay recidivism
   73  to an equal or greater extent than completion of the sentence
   74  previously imposed.
   75         (5)(a) If an offender volunteers to participate in the
   76  reentry program, meets the eligibility criteria, and is selected
   77  by the department based on the considerations in subsection (4)
   78  and if space is available in the reentry program, the department
   79  may request the sentencing court to approve the offender’s
   80  participation in the reentry program. The request must be made
   81  in writing, must include a brief summation of the department’s
   82  evaluation under subsection (4), and must identify the documents
   83  or other information upon which the evaluation is based. The
   84  request and all accompanying documents may be delivered to the
   85  sentencing court electronically.
   86         (b)1. The department shall notify the state attorney that
   87  the offender is being considered for placement in the reentry
   88  program. The notice must include a copy of all documents
   89  provided with the request to the court. The notice and all
   90  accompanying documents may be delivered to the state attorney
   91  electronically and may take the form of a copy of an electronic
   92  delivery made to the sentencing court.
   93         2. The notice must also state that the state attorney may
   94  notify the sentencing court in writing of any objection he or
   95  she may have to placement of the nonviolent offender in the
   96  reentry program. Such notification must be made within 15 days
   97  after receipt of the notice by the state attorney from the
   98  department. Regardless of whether an objection is raised, the
   99  state attorney may provide the sentencing court with any
  100  information supplemental or contrary to the information provided
  101  by the department which may assist the court in its
  102  determination.
  103         (c) In determining whether to approve a nonviolent offender
  104  for participation in the reentry program, the sentencing court
  105  may consider any facts that the court considers relevant,
  106  including, but not limited to, the criteria listed in subsection
  107  (4); the original sentencing report and any evidence admitted in
  108  a previous sentencing proceeding; the offender’s record of
  109  arrests without conviction for crimes; any other evidence of
  110  allegations of unlawful conduct or the use of violence by the
  111  offender; the offender’s family ties, length of residence in the
  112  community, employment history, and mental condition; the
  113  likelihood that participation in the program will produce the
  114  same deterrent effect, rehabilitate the offender, and prevent or
  115  delay recidivism to an equal or greater extent than completion
  116  of the sentence previously imposed; and the likelihood that the
  117  offender will engage again in criminal conduct.
  118         (d) The sentencing court shall notify the department in
  119  writing of the court’s decision to approve or disapprove the
  120  requested placement of the nonviolent offender no later than 30
  121  days after the court receives the department’s request to place
  122  the offender in the reentry program. If the court approves the
  123  placement, the notification must list the factors upon which the
  124  court relied in making its determination.
  125         (6) After the nonviolent offender is admitted to the
  126  reentry program, he or she shall undergo a complete substance
  127  abuse assessment to determine his or her substance abuse
  128  treatment needs. The offender shall also receive an educational
  129  assessment, which must be accomplished using the Test of Adult
  130  Basic Education or any other testing instrument approved by the
  131  Department of Education. Each offender who has not obtained a
  132  high school diploma shall be enrolled in an adult education
  133  program designed to aid the offender in improving his or her
  134  academic skills and earning a high school diploma. Additional
  135  assessments of the offender’s vocational skills and future
  136  career education shall be provided to the offender as needed. A
  137  periodic reevaluation shall be made to assess the progress of
  138  each offender.
  139         (7)(a) If a nonviolent offender in the reentry program
  140  becomes unmanageable, the department may revoke the offender’s
  141  gain-time and place the offender in disciplinary confinement in
  142  accordance with department rule. Except as provided in paragraph
  143  (b), the offender shall be readmitted to the reentry program
  144  after completing the ordered discipline. Any period during which
  145  the offender cannot participate in the reentry program must be
  146  excluded from the specified time requirements in the reentry
  147  program.
  148         (b) The department may terminate an offender from the
  149  reentry program if:
  150         1. The offender commits or threatens to commit a violent
  151  act;
  152         2. The department determines that the offender cannot
  153  participate in the reentry program because of the offender’s
  154  medical condition;
  155         3. The offender’s sentence is modified or expires;
  156         4. The department reassigns the offender’s classification
  157  status; or
  158         5. The department determines that removing the offender
  159  from the reentry program is in the best interest of the offender
  160  or the security of the reentry program facility.
  161         (8)(a) The department shall submit a report to the
  162  sentencing court at least 30 days before the nonviolent offender
  163  is scheduled to complete the reentry program. The report must
  164  describe the offender’s performance in the reentry program and
  165  certify whether the performance is satisfactory. The court may
  166  schedule a hearing to consider any modification to the imposed
  167  sentence. Notwithstanding the eligibility criteria contained in
  168  s. 948.20, if the offender’s performance is satisfactory to the
  169  department and the court, the court shall issue an order
  170  modifying the sentence imposed and placing the offender on drug
  171  offender probation, as described in s. 948.20(2), subject to the
  172  department’s certification of the offender’s successful
  173  completion of the remainder of the reentry program. The term of
  174  drug offender probation must not be less than the remaining time
  175  the offender would have served in prison had he or she not
  176  participated in the program. A condition of drug offender
  177  probation may include electronic monitoring or placement in a
  178  community residential or nonresidential licensed substance abuse
  179  treatment facility under the jurisdiction of the department or
  180  the Department of Children and Families or any public or private
  181  entity providing such services. The order must include findings
  182  that the offender’s performance is satisfactory, that the
  183  requirements for resentencing under this section are satisfied,
  184  and that public safety will not be compromised. If the
  185  nonviolent offender violates the conditions of drug offender
  186  probation, the court may revoke probation and impose any
  187  sentence that it might have originally imposed. An offender may
  188  not be released from the custody of the department under this
  189  section except pursuant to a judicial order modifying his or her
  190  sentence.
  191         (b) If an offender released pursuant to paragraph (a)
  192  intends to reside in a county that has established a
  193  postadjudicatory drug court program as described in s. 397.334,
  194  the sentencing court may require the offender to successfully
  195  complete the postadjudicatory drug court program as a condition
  196  of drug offender probation. The original sentencing court shall
  197  relinquish jurisdiction of the offender’s case to the
  198  postadjudicatory drug court program until the offender is no
  199  longer active in the program, the case is returned to the
  200  sentencing court due to the offender’s termination from the
  201  program for failure to comply with the terms of the program, or
  202  the offender’s sentence is completed. An offender who is
  203  transferred to a postadjudicatory drug court program shall
  204  comply with all conditions and orders of the program.
  205         (9) The department shall implement the reentry program to
  206  the fullest extent feasible within available resources.
  207         (10) The department may enter into performance-based
  208  contracts with qualified individuals, agencies, or corporations
  209  for the provision of any or all of the services for the reentry
  210  program. However, an offender may not be released from the
  211  custody of the department under this section except pursuant to
  212  a judicial order modifying a sentence.
  213         (11) A nonviolent offender in the reentry program is
  214  subject to rules of conduct established by the department and
  215  may have sanctions imposed, including loss of privileges,
  216  restrictions, disciplinary confinement, alteration of release
  217  plans, or other program modifications in keeping with the nature
  218  and gravity of the program violation. Administrative or
  219  protective confinement, as necessary, may be imposed.
  220         (12) This section does not create or confer any right to
  221  any offender to placement in the reentry program or any right to
  222  placement or early release under supervision of any type. An
  223  inmate does not have a cause of action under this section
  224  against the department, a court, or the state attorney related
  225  to the reentry program.
  226         (13) The department may establish a system of incentives
  227  within the reentry program which the department may use to
  228  promote participation in rehabilitative programs and the orderly
  229  operation of institutions and facilities.
  230         (14) The department shall develop a system for tracking
  231  recidivism, including, but not limited to, rearrests and
  232  recommitment of nonviolent offenders who successfully complete
  233  the reentry program, and shall report the recidivism rate in the
  234  annual report required under this section.
  235         (15) The department shall submit an annual report to the
  236  Governor, the President of the Senate, and the Speaker of the
  237  House of Representatives detailing the extent of implementation
  238  of the reentry program and the number of participants who are
  239  selected by the department, the number of participants who are
  240  approved by the court, and the number of participants who
  241  successfully complete the program. The report must include a
  242  reasonable estimate or description of the additional public
  243  costs incurred and any public funds saved with respect to each
  244  participant, a brief description of each sentence modification,
  245  and a brief description of the subsequent criminal history, if
  246  any, of each participant following any modification of sentence
  247  under this section. The report must also include future goals
  248  and any recommendations that the department has for future
  249  legislative action.
  250         (16) The department shall adopt rules as necessary to
  251  administer the reentry program.
  252         (17) Nothing in this section is severable from the
  253  remaining provisions of this section. If any subsection of this
  254  section is determined by any state or federal court to be not
  255  fully enforceable, this section shall stand repealed in its
  256  entirety.
  257  
  258  ================= T I T L E  A M E N D M E N T ================
  259  And the title is amended as follows:
  260         Delete line 161
  261  and insert:
  262         the Legislature; creating s. 944.805, F.S.; defining
  263         the terms “department” and “nonviolent offender”;
  264         requiring the Department of Corrections to develop and
  265         administer a reentry program for nonviolent offenders
  266         which is intended to divert nonviolent offenders from
  267         long periods of incarceration; requiring that the
  268         program include intensive substance abuse treatment
  269         and rehabilitative programming; providing for the
  270         minimum length of service in the program; providing
  271         that any portion of a sentence before placement in the
  272         program does not count as progress toward program
  273         completion; identifying permissible locations for the
  274         operation of a reentry program; specifying eligibility
  275         criteria for a nonviolent offender’s participation in
  276         the reentry program; requiring the department to
  277         screen and select eligible offenders for the program
  278         based on specified considerations; requiring the
  279         department to notify the nonviolent offender’s
  280         sentencing court to obtain approval before the
  281         nonviolent offender is placed in the reentry program;
  282         requiring the department to notify the state attorney;
  283         authorizing the state attorney to file objections to
  284         placing the offender in the reentry program within a
  285         specified period; authorizing the sentencing court to
  286         consider certain factors when deciding whether to
  287         approve an offender for placement in a reentry
  288         program; requiring the sentencing court to notify the
  289         department of the court’s decision to approve or
  290         disapprove the requested placement within a specified
  291         period; requiring the nonviolent offender to undergo
  292         an educational assessment and a complete substance
  293         abuse assessment if admitted into the reentry program;
  294         requiring the offender to be enrolled in an adult
  295         education program in specified circumstances;
  296         requiring that assessments of vocational skills and
  297         future career education be provided to the offender;
  298         requiring that certain reevaluation be made
  299         periodically; providing that the nonviolent offender
  300         is subject to the disciplinary rules of the
  301         department; specifying the reasons for which the
  302         offender may be terminated from the reentry program;
  303         requiring that the department submit a report to the
  304         sentencing court at least 30 days before the
  305         nonviolent offender is scheduled to complete the
  306         reentry program; specifying the issues to be addressed
  307         in the report; authorizing a court to schedule a
  308         hearing to consider any modification to an imposed
  309         sentence; requiring the sentencing court to issue an
  310         order modifying the sentence imposed and placing the
  311         nonviolent offender on drug offender probation if the
  312         nonviolent offender’s performance is satisfactory;
  313         authorizing the court to revoke probation and impose
  314         the original sentence in specified circumstances;
  315         authorizing the court to require the offender to
  316         complete a postadjudicatory drug court program in
  317         specified circumstances; directing the department to
  318         implement the reentry program using available
  319         resources; authorizing the department to enter into
  320         contracts with qualified individuals, agencies, or
  321         corporations for services for the reentry program;
  322         requiring offenders to abide by department conduct
  323         rules; authorizing the department to impose
  324         administrative or protective confinement as necessary;
  325         providing that the section does not create a right to
  326         placement in the reentry program or any right to
  327         placement or early release under supervision of any
  328         type; providing that the section does not create a
  329         cause of action related to the program; authorizing
  330         the department to establish a system of incentives
  331         within the reentry program which the department may
  332         use to promote participation in rehabilitative
  333         programs and the orderly operation of institutions and
  334         facilities; requiring the department to develop a
  335         system for tracking recidivism, including, but not
  336         limited to, rearrests and recommitment of nonviolent
  337         offenders who successfully complete the reentry
  338         program, and to report on recidivism in an annual
  339         report; requiring the department to submit an annual
  340         report to the Governor and Legislature detailing the
  341         extent of implementation of the reentry program,
  342         specifying requirements for the report; requiring the
  343         department to adopt rules; providing that specified
  344         provisions are not severable; amending ss. 39.407,
  345         394.4612,